Re: Re: Re: Renaissance Paintings, Bridgeman vs Corel, and Fair Use
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by M. Arthur Auslander on March 12, 2001 at 14:02:35:
In Reply to: Re: Re: Renaissance Paintings, Bridgeman vs Corel, and Fair Use posted by Aaron on March 12, 2001 at 12:25:09:
: You've touched on exactly my source of confusion. The court said the reproductions were not copyrightable, yet you are saying they still are in some fashion. This is precisely why I've sought out your highly recommended understanding on the laws.
: The ruling says explicitly that the museum's photographic reproductions were made for the purpose of capturing the public domain painting in its entirety. The judge pointed out that neither the museum nor the photographer added anything artistic to the photographic reproduction of the painting, saying that it wasn't a question of the artistic ability of the photographer but rather a question of originality - the photographs are near perfect reproductions of public domain works of art. The photograph is merely a copy of the public domain painting and cannot be copyrighted, and any 'unauthorized' use of photographic reproductions of the public domain paintings are not in violation of copyright law, because the reproductions are not copyright protected.
: Regardless if I'll be able to use a renaissance painting as part of my logo or not, I can at least walk away with a better understanding of the law in this area with your assistance. Thank you for your much appreciated time and assistance.
: : Dear Mr. Ring,
: : A little information can be dangerous. I have not read the case you cite but what it says seem correct. What it doesn't say is that reproductions of works of art are protectable under the copyright law.
: : If I represented a registrant I would go after you if you did for what you proposed to do and I found you.
: : M. Arthur Auslander
: : I am redesigning my website, which is fairly popular. I want to use a renaissance painting as a large part of my new logo. I sell site related merchandise and would also want to sell shirts with the new logo on them.
: : I have read that, according to Bridgeman vs Corel, photographs of public domain works of art, such as renaissance paintings, are not copyrightable and that unauthorized use of such cannot be in violation of copyright.
: : My options for obtaining the art, currently, would be to scan the image from a book of fine art or copy it from the web. Obviously I want to make sure that I would not be violating any laws if I did so.
: : Similarily, if I am allowed to do so, am I restricted from using my new logo, which would contain a significant portion of the renaissance painting as part of it, on merchandise?
: : Thank you for your assistance.
It looks to me as if you didn't get the message. If I represemted the museum. I'd make you pay.
M. Arthur Auslander
The Intellectual Property Law Server
Old Copyright Forum